Nakacinda is imprisoned by a repealed Law: A justice system in crisis
By Thandiwe Ketiš Ngoma
NAKACINDA should not be in jail, full stop. This is not an opinion; it is grounded in established law. The Supreme Court of Zambia made this clear in S.C.Z Judgment No. 18 of 1975: Muzyamba v The People (1975) Z.R. 83 (SC), which effectively settled the legal position on this matter. Yet, despite this binding precedent, he remains behind bars in blatant disregard of the rule of law.
He was convicted under a statute criminalising defamation of the President, a law that had already been repealed at the time of his conviction. Prosecuting someone under a non-existent law is not merely a procedural flaw; it is a profound miscarriage of justice and a direct assault on constitutional principles.
This is not a gray area. It is a clear and dangerous abuse of the legal system. When binding Supreme Court precedent is ignored and repealed laws are resurrected to target individuals, it signals a breakdown of legal order and due process. It sends a chilling message that the law can be manipulated to serve power rather than justice.
Even more alarming is the growing perception that the judiciary is no longer acting independently. When courts appear politicised or influenced by external forces, public confidence collapses, and the judiciary risks becoming an instrument of oppression rather than a defender of rights.
A fair and independent judiciary is not optional. It is the backbone of any functioning democracy. Without it, justice is no longer guaranteed, rights are no longer protected, and cases like Nakacinda’s become inevitable.
This is bigger than one individual. It is about the integrity of the justice system itself.
